Midland County Clerk may issue same sex marriage licenses

By John Kennett jkennett@mdn.net

Published 6:19 am, Tuesday, October 15, 2013

Equality Michigan is reporting that the Midland County Clerk’s Office will begin issuing same sex marriage licenses should a federal judge rule that the Marriage Protection Amendment is unconstitutional.

“We will be upholding the state law,” said Midland County Clerk Ann Manary, D-Midland. “We will do what the Michigan Department of Public Health says we can. If the ruling comes down we will be issuing same sex marriage licenses.”

That ruling might come on Wednesday. At 2:30 p.m., U.S. District Judge Bernard Friedman will hear arguments in the case of DeBoer vs. Gov. Rick Snyder and Attorney General Bill Schuette in Detroit. Friedman may issue his ruling immediately. Should Friedman declare the amendment unconstitutional, Schuette is expected to immediately appeal the ruling to the 6th Court of Appeals, leaving same sex couples a short window to obtain a license.

Domestic partners April DeBoer and Jayne Rowse have brought suit against Snyder and Schuette to challenge the Marriage Protection Amendment that states that a legal marriage is between a man and a woman. In 2004, 58 percent of Michigan voters approved the amendment.

Gongwer news reported that even if Manary doesn’t have the correct forms from the Michigan Department of Public Health, she will amend existing forms.

“Midland County Clerk Ann Manary said she is closely watching the situation. Ms. Manary said clerks had hoped to have revised forms available if Mr. Friedman strikes down the law, but if not, her office will amend existing forms by hand to change one of the genders to reflect a same-sex marriage.”

Republican Gary Glenn, a candidate for state representative from the 98th House district and coauthor of the state Marriage Protection Amendment, called on Manary to obey the state Constitution and urged state and county officials to “block the county clerk’s reported pledge to defy our constitution and the will of Michigan voters, including here in Midland County.”

“One Detroit lawyer in a black robe doesn’t have the legitimate Constitutional or moral authority to overturn the will of millions of Michigan voters,” Glenn said in an email, “and even more certain, a county clerk does not.”

“The Midland County Clerk’s Office in particular should support the strong stand taken in court by Midland’s own Bill Schuette to defend our state constitution, the will of Michigan voters and traditional marriage, not try to undermine our attorney general’s stand,” said Glenn, president of the American Family Association of Michigan.

Equity Michigan, Michigan’s statewide advocacy and anti-violence organization working exclusively for LGBT communities, reported this morning that six other counties would also issue same sex marriage licenses: Bay, Clare, Ingham, Oakland, Tuscola and Washtenaw counties. Eleven counties have not made a statement either way and the other 65 counties have not responded. To view a listing of all 83 county clerks, visit equalitymi.org/resources/clerks